Is it easy to ask the child support office to stop child support collection?

Question

Long story short....
Me and my wife were married and had a daughter in Southern California. We separated and she left with my daughter up to Central California (about 6 or 7 hours away). She then issued a child support order on me and I have 32% of my pay garnished weekly. She keeps telling me that if I quit my job, move up to Central California to be closer to our daughter, and take her 50% of the time, she will pull the child support orders. I do want to be closer to my daughter, but my question is:
Is what she is saying even possible? Can you just pull child support orders at a whim? I'm afraid if I quit my job here and leave everything behind, the court system will take me down finacially once I get down there with backpay and such. Then I will be in a worse off situation since I won't have a job, home, or any type of security. I want to be closer to my daughter, but don't want to be homeless in doing so.
How easy/fast is it to stop child support?

Answer 1

you can speed up the process by filing your own motion. where is the case at?

If in CA, file the motion 3 months in advance for a court hearing. she can call the support ofiices and sign off that you have 50/50 custody and no longer requesting child support. but make sure you get a hearing and a court order saying the case is closed.

i have custody of the two children and the offices are still trying to collect money from me. i didn't file in advance like i should have. now i have a mess to clean up. it will be done, just not overnight. anyone you talk to at the support office, get a name and team number so you can keep notes. sometimes you get conflicting information from that office.

Answer 2

You can't just stop a child support order, and your ex wife did not issue the order. It was issued by the courts, and only the courts can abate it. What you can do is file for a modification of the support order, but the order will not be much of a reduction. By law they can take a minimum of 25% of your income for child support. Before you try to reduce your support, think about your daughter. I am sure the 32% you are paying only puts a small dent in the cost of her daily needs.

Answer 3

Why don't you just marry your fiance and be done with it? Why tip toe around all this crapp. Just marry her since your already living with her. Get her on some birth control so you don't have another baby brought into the world to pay for. Just go to the Support Conference Negotiation thing and set it straight. Quit belly aching about it and just do it. If there is a family member to help babysit soon then I would do that and get her buttt to work. You will need alot more money coming in to support a child. Birth Control pills are only $20. a month. Alot cheaper than having to pay monthly for a baby. Have her see a doc. for a prescription.

Answer 4

No, your ex-wife can not just randomly pull child support. She would have to petition the court to modify your child support settlement. That would involve her hiring a lawyer, then waiting for a hearing, where she would have to go before a judge to explain why she wants less money.

I find it interesting that she would be willing to give up her daughter 50% of the time. Is something going on in her household to warrant her not wanting her daughter? Personally, as a mother, I would NEVER voluntarily give up my time with my child.

With that being said, why don't you begin looking for work near where your daughter lives. This way you can do it on your own terms. If you find something, then you could head in that direction. You know, you could always petition the court of your own volition. Why can't you request for time with your daughter and less child support. She is willing to give her up 50% of the time now. Hopefully, you have some of this in writing from her?

You should talk to your own lawyer to see what your options are.

Good luck!

Answer 5

It's not easy - or fast. You will need an attorney - this will end up being a custodial case, and your x will have to sign an agreement drawn up by a professional stating there will be no child support. That same document will also have to detail how the child WILL be supported, who will be able to claim the child on income taxes, who will cover the child with medical insurance, etc.
In the mean time, you will be liable for child support.

Answer 6

I would move closer, regardless of the money situation, just to be closer to my child. My wife and I have an agreement that if we ever divorced, i would be her next door neighbor. I'm not going to be a once a week father.

Answer 7

it is a long drawn out process, in fact the ammount of time awarded by the courts that you get to see your children determines how much percent you pay. this can only be done in court, the cild support office just collects the money, the court determines how much you pay. The only way to get this changed is by a change of venue in court!

Answer 8

Not as easy as you make it. You do need a court order to stop the collections. You cannot do it without the order no matter who makes the call.The courts must telkl them to stop collections based on a good justified reason, Happy Holidays

Answer 9

i think that your best bet would to be contact the court and find out from them or your local child support agency. that way you know what to expect and if all goes the right way you will not only be able to see her but you will no longer have to pay child support through the agency or court. and youll have more time to spend with her

Answer 10

Yes she can stop the support withholdings anytime she wants. All she has to do is call them and tell them to drop it. But I would not quit my job until I had lined another one up. i would also tell her that she had to drop the support as soon as you found a job closer to her, before you quit your current job.